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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to real property fraud; creating s. 2
28.47, F.S.; requiring the clerk of the circuit court 3
to create, maintain, and operate an opt -in recording 4
notification service; providing definitions; requiring 5
such clerk to ensure that registration for such 6
service is possible through an electronic registration 7
portal; specifying portal and notification 8
requirements; providing immunity from liability for 9
the clerk; providing construction; providing for 10
applicability of the section to property appraisers ; 11
creating s. 65.091, F.S.; clarifying that an action 12
may be brought under ch. 65, F.S., to quiet title 13
after a fraudulent attempted conveyance; requiring the 14
court to quiet title and award certain title and 15
rights under certain circumstances; directing th e 16
clerk of the circuit court to provide a simplified 17
complaint form; creating s. 475.5025, F.S.; requiring 18
a real estate licensee to send a fraud prevention 19
notice under specified circumstances; providing form 20
language for such notice; providing for applic ability; 21
limiting the liability of a real estate licensee for 22
noncompliance but providing that such noncompliance 23
may be introduced as evidence for certain violations; 24
providing that the failure of a property owner to 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
respond to the notice does not preclud e or limit the 26
ability to establish certain challenges or defenses or 27
limit his or her remedy in any quiet title or 28
declaratory judgment action; amending s. 626.8411, 29
F.S.; providing for applicability relating to title 30
insurance agents and agencies and tit le insurers; 31
creating s. 627.799, F.S.; requiring parties providing 32
real estate transaction closing services to send a 33
fraud prevention notice under specified circumstances; 34
providing form language for such notice; providing for 35
applicability; limiting a c losing service provider's 36
liability for noncompliance but permitting such 37
noncompliance to be introduced as evidence establish 38
certain violations; providing that the failure of a 39
property owner to respond to the notice does not 40
preclude or limit the abilit y to establish certain 41
challenges or defenses or limit his or her remedy in 42
any quiet title or declaratory judgment action; 43
providing applicability relating to the title 44
insurer's obligations; creating s. 689.025, F.S.; 45
prescribing the form for a quitclaim deed; amending s. 46
695.26, F.S.; revising the requirements for recording 47
instruments affecting real property; providing an 48
effective date. 49
50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Be It Enacted by the Legislature of the State of Florida: 51
52
Section 1. Section 28.47, Florida Statutes, is cr eated to 53
read: 54
28.47 Recording notification service. — 55
(1) On or before July 1, 2024, each clerk of the circuit 56
court must create, maintain, and operate a free recording 57
notification service which is open to all persons wishing to 58
register for the servi ce. For purposes of this section, the 59
term: 60
(a) "Land record" means a deed, mortgage, or other 61
document purporting to convey or encumber real property. 62
(b) "Monitored identity" means a personal or business name 63
or a parcel identification number submitt ed by a registrant for 64
monitoring under a recording notification service. 65
(c) "Recording notification" means a notification sent by 66
electronic mail indicating to a registrant that a land record 67
associated with the registrant's monitored identity has been 68
recorded in the public records of the county. 69
(d) "Recording notification service" means a service which 70
sends automated recording notifications. 71
(e) "Registrant" means a person who registers for a 72
recording notification service. 73
(2) The clerk must ensure that registration for the 74
recording notification service is possible through an electronic 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
registration portal, which portal must: 76
(a) Be accessible through a direct link on the home page 77
of the clerk's official public website; 78
(b) Allow a registrant to subscribe to receive recording 79
notifications for at least five monitored identities per valid 80
electronic mail address provided; 81
(c) Include a method by which a registrant may unsubscribe 82
from the service; 83
(d) List a phone number at which the clerk's office may be 84
contacted during normal business hours with questions related to 85
the service; and 86
(e) Send an automated electronic mail message to a 87
registrant confirming his or her successful registration for or 88
action to unsubscribe from the service, which message must 89
identify each monitored identity for which a subscription was 90
received or canceled. 91
(3) When a land record is recorded for a monitored 92
identity, a recording notification must be sent within 24 hours 93
after the recording to each registrant who is subscribed to 94
receive recording notifications for that monitored identity. 95
Such notification must contain, at a minimum: 96
(a) Information identifying the monitored identity for 97
which the land record was filed; 98
(b) The land record's re cording date; 99
(c) The official record book and page number or instrument 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
number assigned to the land record by the clerk; 101
(d) Instructions for electronically searching for and 102
viewing the land record using the assigned official record book 103
and page number or instrument number; and 104
(e) A phone number at which the clerk's office may be 105
contacted during normal business hours with questions related to 106
the recording notification. 107
(4) There is no right or cause of action against, and no 108
civil liability on the part of, the clerk with respect to the 109
creation, maintenance, or operation of a recording notification 110
service as required by this section. 111
(5) Nothing in this section may be construed to require 112
the clerk to provide or allow access to a record or information 113
which is confidential and exempt from s. 119.07(1) and s. 24(a), 114
Art. I of the State Constitution or to otherwise violate the 115
public records laws of this state. 116
(6) This section shall also apply to county property 117
appraisers that adopt an ele ctronic land record notification 118
service. 119
(a) The property appraiser may adopt a verification 120
process for persons wishing to register for the electronic land 121
records notification service to ensure integrity of the process. 122
(b) For purposes of this subs ection only, and 123
notwithstanding the provisions in paragraph (1)(a) and 124
subsection (3): 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(i) "Land record" means a deed or other document, 126
purporting to convey real property. 127
(ii) When a land record is recorded for a monitored 128
identity, a recording noti fication must be sent to each 129
registrant who is subscribed to receive recording notifications 130
for that monitored identity within 24 hours of the instrument 131
being reflected on the county tax roll by the property 132
appraiser. 133
Section 2. Section 65.091, Flo rida Statutes, is created to 134
read: 135
65.091 Quieting title; fraudulent conveyances. — 136
(1) An action to quiet title based on a fraudulent 137
attempted conveyance allegation may be maintained under this 138
chapter, and this remedy is cumulative to other existing 139
remedies. A petitioner bringing an action to quiet title based 140
on such allegations is entitled to summary procedure under s. 141
51.011, and the court shall advance the cause on the calendar. 142
(2) In an action to quiet title, when the court determines 143
that an attempt was made to fraudulently convey the land at 144
issue away from a plaintiff who had legal title to the land 145
before the conveyance, the court must quiet title in and award 146
the plaintiff with the same title and rights to the land that 147
the plaintiff enjoyed before the attempted conveyance. 148
(3) The clerk of the circuit court must provide a 149
simplified form for the filing of a complaint to quiet title 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
based on a fraudulent attempted conveyance allegation and 151
instructions for completing such form. 152
Section 3. Section 475.5025, Florida Statutes, is created 153
to read: 154
475.5025 Fraud prevention notice on listing. - 155
(1)(a) To help prevent real estate fraud and identity 156
theft, within 5 business days after entering into a brokerage 157
relationship with the pote ntial seller of property, the real 158
estate licensee must cause a notice to be sent by first -class 159
mail to the potential seller at the mailing address of the owner 160
shown in the online records of the tax collector. Such notice 161
must be in substantially the fol lowing form: 162
163
(Brokerage letterhead) 164
165
To help prevent real estate fraud and identity theft, the State 166
of Florida requires us to notify you that (name of real estate 167
broker) has been engaged by (potential seller) to market and 168
sell the property at (address, city, and state). If you believe 169
this is in error, please notify us immediately at (phone number 170
and e-mail). 171
172
The notice may include a letter thanking the potential seller 173
for the listing and such other additional information as the 174
licensee may deem app ropriate. 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) When the records of the tax collector show a different 176
owner of the property in the preceding year's tax bill, the real 177
estate licensee must, within 5 business days after entering into 178
a brokerage relationship with the potential seller of property, 179
additionally cause a notice to be sent by first -class mail to 180
the prior owner at the mailing address of the prior owner shown 181
in the online records of the tax collector. Such notice must be 182
in substantially the following form: 183
184
(Brokerage letterhead) 185
186
To help prevent real estate fraud and identity theft, the State 187
of Florida requires us to notify you that (name of real estate 188
broker) has been engaged by (potential seller) to market and 189
sell the property you formerly owned at (address, city, and 190
state). If you believe this is in error, or still claim an 191
interest in this property, please notify us immediately at 192
(phone number and e-mail). 193
194
(2)(a) Failure to comply with this section does not impair 195
the validity or enforceability of any listing agreement, 196
purchase and sale agreement, deed, mortgage, or other instrument 197
or agreement made or delivered in connection with a real estate 198
sale transaction. 199
(b) A real estate licensee has no liability to the actual 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or claimed owner of a property or a pu tative purchaser thereof 201
solely because of his or her failure to comply with this 202
section. However, any such noncompliance may be introduced as 203
evidence to establish violations of this chapter or as an 204
indication of possible fraud, forgery, impersonation, duress, 205
incapacity, undue influence, illegality, or unconscionability, 206
or for other evidentiary purposes. 207
(c) The failure of the actual property owner to respond to 208
the mailing does not preclude or limit the ability of such owner 209
to establish possible fr aud, forgery, impersonation, duress, 210
incapacity, undue influence, minority, illegality, or 211
unconscionability, or any other challenges or defenses to any 212
real estate transaction, or to limit such owner's remedy in any 213
quiet title or declaratory judgment act ion. 214
Section 4. Subsection (3) is added to section 626.8411, 215
Florida Statutes, to read: 216
626.8411 Application of Florida Insurance Code provisions 217
to title insurance agents or agencies. — 218
(3) Section 627.799 applies to title insurance agents and 219
agencies and to title insurers only to the extent any of the 220
foregoing are actually engaged in providing closing services for 221
a particular transaction. 222
Section 5. Section 627.799, Florida Statutes, is created 223
to read: 224
627.799 Fraud prevention notice upon opening order.- 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1)(a) To help prevent real estate fraud and identity 226
theft, within 5 business days after opening an order to ensure a 227
sale of real property or refinance of a mortgage encumbering 228
real property, the party scheduled to provide closing ser vices 229
must cause a notice to be sent by first -class mail to the seller 230
or borrower at the mailing address of the owner shown in the 231
online records of the tax collector. Such notice must be in 232
substantially the following form: 233
234
(Letterhead of closing servic e provider) 235
236
To help prevent real estate fraud and identity theft, the State 237
of Florida requires us to notify you that (name of closing 238
service provider) has been engaged to (handle the sale of) 239
(coordinate the closing of a mortgage in favor of (name of 240
lender) secured by) the property located at (address, city, and 241
state). If you believe this is in error, please notify us 242
immediately at (phone number and e -mail). 243
244
The mailing may include a letter thanking the seller or borrower 245
for selecting the sender and such other additional information 246
as the sender may deem appropriate. 247
(b) When the records of the tax collector show a different 248
owner of the property in the preceding year's tax bill, the 249
party to provide closing services must, within 5 business days 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
after opening an order to ensure a sale of real property or 251
refinance of a mortgage encumbering real property, additionally 252
cause a notice to be mailed by first -class mail to the prior 253
owner at the mailing address of the prior owner shown in the 254
online records of the tax collector, which notice must be in 255
substantially the following form: 256
257
(Letterhead of closing service provider) 258
259
To help prevent real estate fraud and identity theft, the State 260
of Florida requires us to notify you that (name of closing 261
service provider) has been engaged to (handle the sale of 262
property) (coordinate the closing of a mortgage against 263
property) you formerly owned at (address, city, and state). If 264
you believe this is in error, or still claim an interest in this 265
property, please not ify us immediately at (phone number and e -266
mail). 267
268
(c) Separate notice is not required to a borrower who is 269
acquiring the property and placing the mortgage in the same 270
closing. 271
(2)(a) Failure to comply with this section does not impair 272
the validity or enforceability of any escrow instructions, 273
purchase and sale agreement, deed, mortgage, or other instrument 274
or agreement made or delivered in connection with a real estate 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
transaction. 276
(b) The closing service provider does not have any 277
liability to the actual or claimed owner of a property or a 278
putative purchaser thereof solely because of the failure to 279
comply with this section. However, any noncompliance may be 280
introduced as evidence to establish violations of this chapter 281
or as an indication of possibl e fraud, forgery, impersonation, 282
duress, incapacity, undue influence, illegality, or 283
unconscionability, or for other evidentiary purposes. 284
(c) The failure of the actual property owner to respond to 285
the mailing does not preclude or limit the ability of su ch owner 286
to establish possible fraud, forgery, impersonation, duress, 287
incapacity, undue influence, minority, illegality, or 288
unconscionability or any other challenges or defenses to any 289
real estate transaction, or to limit such owner's remedy in any 290
quiet title or declaratory judgment action. 291
(d) This section does not alter or limit the obligations 292
of the title insurer under any title insurance policy issued in 293
connection with a real estate transaction. 294
Section 6. Section 689.025, Florida Statutes, is created 295
to read: 296
689.025 Form of quitclaim deed prescribed. -A quitclaim 297
deed of conveyance to real property or an interest therein must: 298
(1) Be in substantially the following form: 299
300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
This Quitclaim Deed, executed this (date) day of (month, year), 301
by first party, Grantor (name), whose post -office address is 302
(address), to second party, Grantee (name), whose post -office 303
address is (address). 304
305
Witnesseth, that the said first party, for the sum of $(amount), 306
and other good and valuable consideration paid by t he second 307
party, the receipt whereof is hereby acknowledged, does hereby 308
remise, release, and quitclaim unto the said second party 309
forever, all the right, title, interest, claim, and demand which 310
the said first party has in and to the following described 311
parcel of land, and all improvements and appurtenances thereto, 312
in (county), Florida: 313
314
(Legal description) 315
316
(2) Include the legal description of the real property the 317
instrument purports to convey, or in which the instrument 318
purports to convey an interes t, which description must be 319
legibly printed, typewritten, or stamped thereon. 320
(3) Include a blank space for the parcel identification 321
number assigned to the real property the instrument purports to 322
convey, or in which the instrument purports to convey a n 323
interest, which number, if available, must be entered on the 324
deed before it is presented for recording. The failure to 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
include such blank space or the parcel identification number 326
does not affect the validity of the conveyance or the 327
recordability of the deed. Such parcel identification number is 328
not a part of the legal description of the property otherwise 329
set forth in the instrument and may not be used as a substitute 330
for the legal description required by this section. 331
Section 7. Paragraph (c) of su bsection (1) of section 332
695.26, Florida Statutes, is amended to read: 333
695.26 Requirements for recording instruments affecting 334
real property.— 335
(1) No instrument by which the title to real property or 336
any interest therein is conveyed, assigned, encumbere d, or 337
otherwise disposed of shall be recorded by the clerk of the 338
circuit court unless: 339
(c) The name of each witness to the instrument is legibly 340
printed, typewritten, or stamped upon such instrument 341
immediately beneath the signature of such witness and the post-342
office address of each such person is legibly printed, 343
typewritten, or stamped upon such instrument ; 344
Section 8. This act shall take effect July 1, 2023. 345